This immigration seminar by Capitol Immigration Law Group will provide a step-by-step overview on how non-U.S. entrepreneurs can create and run their own companies on various types of visas in the U.S.
The speakers will discuss various the options for entrepreneurs to start their own companies from both immigration law and corporate law perspectives. The discussion will provide strategies and explore scenarios related to fulfill the visa eligibility requirements for owners of substantial interest in petitioning companies.
The speakers will also help you understand how to navigate the best approach (from an immigration law standpoint) for hiring foreign nationals for your startup if you are an entrepreneur seeking to hire non-U.S. professionals.
4. AND THE GOOD NEWS…
“America remains a beacon of entrepreneurialism” … and there are still a
number of good options for startups and entrepreneurs…
5. TOPICS COVERED TODAY
Picking the Right Visa
How to pick the best visa type?
Common Visa Types
Eligibility and requirements.
Corporate Structures
Overview of common types.
Requirements to Work
Rules about “working”
Questions and Answers
…and discussion.
6. REQUIREMENTS TO WORK IN THE U.S.
Work Authorization Required
Visa Needed to Start Co.?
Taking Profits or Being
on Company Payroll`
Working as Volunteer
7. COMMON CORPORATE STRUCTURES
01
02
03
Flexible and popular to foreign-based companies and
investors But: tax/payroll implications for owner-workers
and possible issues for H-1B visa sponsorship.
Limited Liability Company (LLC)
Available to foreign investors and
owners. Popular for owner H-1Bs.
C Corporation
With minor exceptions, limited to U.S. individual
shareholders and NOT available to foreign nationals.
S Corporation
Rules Vary by State
Can incorporate in one state, but
register and do business in another.
CPA/Corporate Help
Plan for tax, structure and
immigration issues together.
9. H-1B FOR ENTREPRENEURS – MAIN ISSUES
01 02 03 04 05
Right to Control
Ownership, board of directors,
control over worker
Need for Worker
Company must show it actually
needs the sponsored H-1B position
Salary
Selection of position, prevailing
wage, ability to pay, actual payment
of salary
H-1B Cap
Problematic unless already cap-exempt or
concurrent H-1B employment
Existence
Issues specific to small or
new/startup companies; proving
bona fide existence
10. H-1B FOR ENTREPRENEURS – HOW TO
START?
POSITION & FUNDING
•Title/Duties
•Salary/Prevailing Wage
•Company Finances
•Need for Position
STRUCTURE & RIGHT OF CONTROL
•One vs. Multiple Owners
•Company Control
•Minority Owner/Board of Directors
MISC. COMPANY
•Office Space
•Business Plan
11. E-2 INVESTOR VISA
National of “Treaty Country”
Must be national of “treaty” country. China and India citizens are excluded but
dual citizenship helps qualify.
Spouses
Employment authorization available to spouses
At Least 50% Ownership
The employer must be owned at least 50% by a national of a treaty country.
Relatively Fast Process and Low Denial Rate *
Application process can be fast; and relatively low denial rate.
No Quota + Indefinite Extensions
No annual cap and extensions can be indefinite. Employees get transfer easily.
12. E-2 INVESTOR VISA – HOW TO START?
How Much to Invest?
“Substantial” investment. Can include
cash, expenses and IP value: patents etc.
Business Plan + Financial Predictions
Credible plans – business plan, financial
projections, or prior tax/financial history.
Corporate Documents
U.S. entity incorporation, ownership
Proof of Money Transfer
Demonstrate that funds already transferred,
invested, or in the process.
Source of Investment
Demonstrate source and
ownership of funds invested.
Consular Filing
Application filed directly with US
Consulate abroad (better) or with USCIS.
13. O-1 EXTRAORDINARY ABILITY VISA
Surprisingly
Good Chances
Job Creation and
Business Success
Self-Sponsorship and
Sponsor Ownership OK
Must demonstrate “sustained national or international acclaim
and recognition for achievements” or be at “top of the field”
Good Long Term Option:
Indefinite Renewals
Applicable in Many
Fields and Positions
14. O-1 VISA – HOW DO I QUALIFY?
Press or
Recognition
Field or
Commercial
SuccessLesser Awards
Significant
ContributionAuthority
One-Time Achievement
A major, internationally recognized award
OR
Meet Three Regulatory Criteria
15. L-1 INTRACOMPANY TRANSFER VISA
Work Abroad for One
Out of Last Three Years
Manager/Executive or
Specialized Knowledge
Allows Founders to
Relocate to U.S.
New Office vs.
Established Presence
Foreign Company Must
Continue to Operate
Helps with Growth
and Staffing Overseas
Relatively High Denial Rate
16. B-1 VISA – VISITOR FOR BUSINESS
Startup Groundwork
Lay groundwork for
startup & visa steps
Common Uses
Research, meetings,
presentations, conferences
Temporary Activity
No productive
employment for US co.
Six Months Stay
Three months for
Visa Waiver
No Compensation
From US source.
Back-pocket Letter
At time of US entry to
show purpose of trip
17. WHY NOT F-1 OPT/STEM OPT?
New STEM OPT Rule
Mentoring and Training
Plan (MTP) eliminates the
option for F-1 students to
run and work for their
own startup company.
18. PICKING THE RIGHT VISA TYPE FOR YOU
Applicant:
H-1B1 E-22 O-1 B-1 L-1A
(Manager)
L-1B
(Specialized)
Has Access
to Capital
Possible Best Unlikely Possible Unlikely Unlikely
Has Co.
Abroad
Possible Best Possible Best Best Best
Is an H-1B
Worker
Best Possible Possible Unlikely Unlikely Unlikely
Is Among
the Best in
Field
Possible Unlikely Best Unlikely Unlikely Unlikely
1 Must have cap H-1B or work concurrently for cap-exempt employer.
2 Treaty country nationals only.
